This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration.
However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.
In Flanders, a child and youth impact report (JoKER) must accompany all legislative proposals based on an initiative of the Flemish government, that have a direct impact on the interests of persons under the age of 25. This article presents the results of the first in-depth evaluation carried out of this impact assessment instrument. Based on multiple data collection techniques (including an electronic survey and focus groups), JoKER was critically evaluated as to its scope, quality, process, support and control, effectiveness and impact. The evaluation required maintaining a balance between various perspectives and tensions. A major challenge concerns the tension between mainstreaming JoKER in the more general regulatory impact assessment (ria), on the one hand, and preserving the specificity of a youth and children’s rights perspective, on the other.
:From various perspectives, an ambiguous relationship between the Convention on the Rights of the Child and young persons emerges. Given the overlap between the target groups of children's rights policies and youth policies, the current and potential connections between these two policies are explored, in order to assess whether (further) linking these policies could increase the realization of the rights of young persons. The inquiry is carried out at the international and European level (United Nations, Council of Europe and European Union), on the one hand, and within Flanders (Belgium), on the other. Contrasting results appear, calling for a middle ground in the degree of interconnection between children's rights policies and youth policies.
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